RICHARD BAREFOOT, ET. AL.

On February 23, 2011, the Regional Administrator signed a CERCLA §107 Consent Decree for the recovery of Response Costs resolving the liability of SKF USA Inc., Crane Co., and Osram Sylvania, Inc. in connection with the Barefoot Disposal Site (“Site”) located on Catfish Ridge, south of Hollidaysburg, Blair County, Pennsylvania. The Decree also provides a covenant not to sue and contribution protection to entities associated with Osram’s acquisition of GTE Products Corporation, a work party at the Site, to the extent any relevant liabilities of Osram extend to them. Following the Third Circuit’s reversal of the U.S. v. Rohm & Haas Co., 2 F.3d 1265 (3d Cir. 1993) decision in U.S. v. E.I. DuPont De Nemours and Company, 432 F. 3d 161 (3d Cir. 2005), EPA referred this matter to DOJ on September 28, 2007, for the recovery of removal oversight costs. After unsuccessful settlement negotiations, DOJ filed a complaint in this matter on June 22, 2009, in the U.S. District Court for the Western District of Pennsylvania (C.A. No. 3:09-cv-00174) and filed an amended complaint, adding Osram as a defendant, on November 14, 2009. The parties reached an agreement in principle for this settlement after a two-day mediation in June 2010. The Decree will resolve the liability of the Settlers for EPA’s past response costs and for specific future response costs. The Settlers have agreed to pay $575,000.00 to the United States for response costs, which include the following: (1) pas